U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office of the Clerk
5107 Leesburg Pike. Suite 2000
Falls Church. Virginia 2204 J

DHS/ICE Office of Chief Counsel - EAZ

P.0. Box 25158
Phoenix,AZ 85002

Name: SANCHEZ NINO, LORENZO

A 090-090-672
Date of this notice: 12/18/2015

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

DOYUtL C

l1AA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Lorenzo Sanchez Nino, A090 090 672 (BIA Dec. 18, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Benvenue,Anna,Esq.
The Law Office of Robert B. Jobe
550 Kearny Street Suite 200
San Francisco,CA 94108

U.S. Department of Justice

Executive Office for Immigration Review
Board ofImmigration Appeals
Office ofthe Clerk
5107 Leesburg Pike. Suite 2000
Falls Church. Virginia 22041

OHS/ICE Office of Chief Counsel - EAZ

P .0. Box 25158
Phoenix, AZ 85002

Name: SANCHEZ NINO, LORENZO

A 090-090-672
Date of this notice: 12/18/2015

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Sincerely,

borutL

(!t1/VL)

Donna Carr
Chief Clerk
Enclosure
Panel Members:

Guendelsberger, John

Userteam:

Cite as: Lorenzo Sanchez Nino, A090 090 672 (BIA Dec. 18, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

SANCHEZ NINO, LORENZO

A090-090-672
ETOWAH COUNTY DETENTION CENTER
827 FORREST AVE
GADSDEN,AL 35901

lJ.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A090 090 672 - Eloy, AZ

Date:

DEC 1 8 2015

IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Anna Benvenue, Esquire
ON BEHALF OF OHS: Jeooy Green
Assistant Chief Counsel
APPLICATION: Removability; termination of proceedings; remand
This case is before the Board pursuant to an August 4, 2015, order of the United States Court
of Appeals for the Ninth Circuit. In its order, the court found the Government had not met its
burden of establishing removability by clear and convincing evidence due to uncertainty that the
petitioner 1 pied to the count in the criminal complaint where the minute order contained written
text stating '"DA to file amended info." thus making it plausible that an amended complaint had
been filed to which a guilty plea had been entered. Sanchez-Nino v. Lynch, 611 Fed.Appx 453
(9th Cir. 2015).
Subsequently, both parties filed briefs on the merits. The respondent argues that proceedings
should be terminated in light of the Ninth Circuit's order finding that the DHS had not met its
burden of proof. The Department of Homeland Security (DHS) contends that the Board should
consider the plea colloquy submitted by DHS before the Immigration Judge, find the plea
transcript admissible, and rely on that transcript to find that the respondent is removable as
charged and dismiss his appeal in a new decision.
In its order, the Ninth Circuit stated that the case was remanded to the Board "for disposition
consistent with this memorandum." Id As the Ninth Circuit found that Government had not met
its burden of proof regarding the respondent's removability, proceedings will be terminated. We
do not find that reconsideration of the evidence of record and a new determination regarding
whether the DHS met its burden of proof would be consistent with the Ninth Circuit's finding to
the contrary. Accordingly, the following order will be entered:
ORDER: The removal proceedings against the respondent are hereby terminated.

The petitioner before the Ninth Circuit is the respondent before the Board.

Cite as: Lorenzo Sanchez Nino, A090 090 672 (BIA Dec. 18, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

In re: LORENZO SANCHEZ NINO a.k.a. Abel Moreno Sanchez a.k.a. Abel Sanchez Medina
a.k.a. Lupe Hernandez